Section 259-1-003 - ALLOCATION OF FUNDS003.01ALLOCATION OF FUNDS. The Director will allocate funds only to Districts that have entered into a contract with the Department and have a water well decommissioning cost-sharing program consistent with the requirements of Neb. Rev. Stat. § 46-1405 and these rules. Each participating Districts percentage of the funds available for a Fiscal Year will be determined by the Director on or before August 1 of that year and will be based upon that participating District§s proportion of the wells decommissioned statewide with District cost-share assistance. Each District§s proportion will be determined as follows: (1) for any District that has had a qualified program for at least the previous three consecutive Fiscal Years, the average number of wells decommissioned with assistance from that program in the three previous Fiscal Years will be determined; (2) for any District that has had a qualified program for only the last Fiscal Year or the last two consecutive Fiscal Years, the number of wells decommissioned with assistance from that program in the previous Fiscal Year will be the number used for that District; (3) all average numbers determined in accordance with (1) above will be added to all numbers determined in accordance with (2) above to produce the total number of wells that have been decommissioned statewide with qualified District cost-share assistance programs; and (4) each District§s number as determined in accordance with (1) or (2) above will then be divided by the total derived in accordance with (3) above to produce that District§s proportion of the funds to be allocated for the then current Fiscal Year. Funds will be allocated to participating Districts on at least a quarterly basis. Except as provided in Subsection 003.03 each District§s share of each allocation will be based upon the percentages determined in accordance with this Subsection.003.02CERTIFYING WELLS DECOMMISSIONED. On or before July 15 of each year, each District that desires to be reimbursed from the Fund will certify the number of wells decommissioned with cost-sharing assistance the previous Fiscal Year in accordance with this Subsection.003.03REVISING ALLOCATIONS. To assist the Director in making determinations on revising allocations, each participating District will provide the Director with a report by March 1. The report will indicate the number of wells that the District has approved for costshare assistance and that are expected to be decommissioned and cost-shared by the District before July 1 and any other information the District desires to indicate the demand for funds in that District. If the District does not provide the report, or if the report indicates that it cannot be expected to utilize all of its percentage by July 1, the Director may reduce that District§s percentage and distribute these funds to Districts that have documented the need for additional funds in that Fiscal Year. Such distribution will be based on the Director§s determination of the proportionate number of well decommissionings that could still be cost-shared within those Districts in the remainder of the Fiscal Year.003.04EXPIRATION OF ALLOCATION. Allocations will not be carried over from one Fiscal Year to the next. Re-appropriated funds will be included in the amount allocated for the next Fiscal Year. Funds encumbered by the Department at the end of the Fiscal Year will be released if a request for reimbursement has not been received by the Director by July 15.259 Neb. Admin. Code, ch. 1, § 003
Amended effective 7/28/2021